Q. Consider the following statements regarding the Basic Structure Doctrine?
1. It has limited the power of Parliament to amend the Constitution.
2. The Judiciary is the final authority in deciding the scope of Basic Structure.
3. It actively promotes the doctrine of judicial supremacy in India.
How many of the above given statements is/ are correct?
Exp) Option b is the correct answer.
In the Kesavananda Bharati case (1973), Supreme Court laid down a new doctrine of the ‘basic structure’ (or ‘basic features’) of the Constitution. It ruled that the constituent power of Parliament under Article 368 does not enable it to alter the ‘basic structure’ of the Constitution.
Statement 1 is correct: Supreme Court in various landmark cases has held that certain provisions were beyond the amending power of Parliament as it affected the basic structure of the constitution. Thus, Basic Structure Doctrine has set specific limits to Parliament’s power to amend the Constitution.
Statement 2 is correct: Basic Structure Doctrine places the Judiciary as the final authority in deciding if an amendment violates basic structure and what constitutes the basic structure. However, the Supreme Court is yet to define or clarify as to what constitutes the ‘basic structure’ of the Constitution.
Statement 3 is incorrect: It promotes the concept of ‘Supremacy of Constitution’ (not Judicial Supremacy) by declaring that certain features of the Constitution cannot be amended by the Parliament
